Boyd v. Hood
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia, No. 301, to January Term 1867. This was an action of assumpsit, brought May 5th 1866, by Thomas Gr. Hood and others, trading as Hood, Bonbright & Co., against William J. Boyd and others, trading as Boyd & Hough. The plaintiffs declared for money had and received by the defendants for their use.
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Error to the District Court of Philadelphia, No. 301, to January Term 1867. This was an action of assumpsit, brought May 5th 1866, by Thomas Gr. Hood and others, trading as Hood, Bonbright & Co., against William J. Boyd and others, trading as Boyd & Hough. The plaintiffs declared for money had and received by the defendants for their use. On the trial below the plaintiffs gave evidence that John Wright & Co., in the month of December 1865, owed them about $800. The plaintiffs then offered in evidence the following letter from Wright & Co. to themselves, to be followed with proof that this…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
This was an action for money had and received to the use of the plaintiffs, and there was evidence tending to prove that the defendants promised directly to the plaintiffs to pay to them their debt out of the money issuing from the note in their hands when paid according to the instructions contained in Wright & Co.’s letter of December 20th 1865. In answer to the defendant’s 1st point the court charged the jury that the plaintiffs could not recover unless the money was received by the defendants from Wright & Co. to pay over to the…
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